Gonaur Sahani @ Ganaur Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57587 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -PHENHARA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Gonaur Sahani @ Ganaur Sahani, S/o Late Jagdhari Sahani, R/o Village- Khanpipra, P.S.- Phenhara, District- East Champaran.

2. Ashok Sahani S/o Kamlesh Sahani, R/o Village- Khanpipra, P.S.- Phenhara, District- East Champaran.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ambuj Kumar Chandra, Advocate For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-12-2017 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners, already in custody, seek bail in connection with Phenhara P.S. Case No.40 of 2016, registered under Sections 302/34 and 201 of the Indian Penal Code.

Allegation against the petitioners is that they caught hold the informant's son and thereafter Kamlesh Sahani assaulted him with spade.

Learned counsel for the petitioners submits that there is land dispute between both sides and there is no allegation of assault against these two petitioners. The allegation of assault is only against Kamlesh Sahani, others have been granted bail by a coordinate Bench of this Court vide Cr. Misc. No.10693 of 2017

Patna High Court Cr.Misc. No.57587 of 2017 (2) dt.13-12-2017 2 /2 on 07.04.2017 and the petitioners are in custody since 09.08.2017. Having considered the said facts and circumstances, let petitioners, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Phenhara P.S. Case No.40 of 2016, subject to the condition that one of the bailors must be the family member of the petitioners as well as further condition that the petitioners must be present before the court below on each and every date as and when required and in case of failure to appear on two consecutive dates except medical emergency, their bail bonds shall liable to be cancelled.

(Arun Kumar, J.) S.Kumar/- U T